Rule-Making Notices (Hearing Notices)

608-267-6848 or, if you are hearing impaired, [phone] (TTY)

[e-mail]

If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the emergency rules received at the above address no later than October 25, 2002 will be given the same consideration as testimony presented at the hearing.

Fiscal Estimate

SeniorCare, established by 2001 Wis. Act 16, provides prescription drug assistance to Wisconsin residents over 65 years of age whose income does not exceed 240% of the federal poverty level (FPL) and to those whose income exceeds 240% of the FPL if their prescription drug expenditures bring their net income below the 240% limit (termed spenddown). Participants of SeniorCare are required to pay an annual $20 enrollment fee and copayments of $15 for each name brand drug and $5 for each generic drug. In addition, participants with higher incomes (over 160% of FPL) must first spend $500 (deductible) of their own funds annually for prescription drugs before SeniorCare will reimburse the participant's prescription drug expenditures.

On July 1, 2002, Wisconsin's application for a federal waiver to receive federal matching funds under the MA program for SeniorCare was approved for participants with income less than 200% of the Federal Poverty Level (FPL).

The administrative rule does not have a fiscal effect per se. The fiscal effect of the SeniorCare program was taken into account when the legislation was passed. However, a number of the assumptions underlying the fiscal estimate of the SeniorCare legislation have turned out to be incorrect.

Act 16 provided $49,900,000 GPR under s. 20.435 (4) (bv), Stats., to support benefits under the SeniorCare program. Since the program first begins on September 1, 2002, funding was based on a ten-month period. In addition, when Act 16 was enacted, it was unclear whether Wisconsin would obtain a federal waiver. Consequently, funding was based on the assumption that federal funding would not be available.

Although the federal wavier will significantly reduce the need for state funds, the original cost projections substantially underestimated the benefit costs for SeniorCare. Current projections, that include the benefit of federal funding, anticipate that total SeniorCare costs in FY 03 will total $100 million all funds and $48 million GPR. The net result is that budgeted funding is projected to be adequate to fund projected costs of the program in FY 03.

Initial Regulatory Flexibility Analysis

The rules for the SeniorCare program apply to the Department, to families that are applicants or recipients of the health care coverage provided by SeniorCare and to county social service or human service departments that take applications and determine eligibility for SeniorCare. The rules will not directly affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.

Notice of Hearing

Natural Resources
(Environmental Protection-General)

NOTICE IS HEREBY GIVEN that pursuant to ss. 292.79, 227.11 (2) and 227.24, Stats., interpreting s. 292.79, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. RR-38-02(E) pertaining to the administration of the brownfield green space and public facilities grant program. This emergency order took effect on August 29, 2002. The brownfield green space and public facilities grant program provides grants to eligible local governmental units to fund the costs of environmental remediation activities at eligible sites or facilities that will have a long-term public benefit, including the preservation of green space, the development of recreational areas or use of a property by a local government. Eligible activities include actions to remedy environmental contamination at brownfields. Eligible local governments include cities, villages, towns, counties, redevelopment authorities, community development authorities and housing authorities.

The legislature appropriated $1 million for these grants during the 2001-2003 biennium. Local governments, or an appropriate private non-profit organization in partnership with a local government, are required to contribute matching funds as cash or in-kind, or both, equal to 20%, 35% or 50%, depending upon the amount of the grant. This rule limits the amount of funds that may be awarded for eligible activities. The rule specifies that at least 20% of the funds be allocated to grants of $50,000 or less.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Friday, October 11, 2002 at 9:00 a.m.

Room 611A, GEF #2

101 South Webster Street, Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Michael Prager at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Fiscal Estimate for State Costs:

There will be a one-time cost to develop this rule. At a rate of $22 per hour for 800 hours, plus a 39% fringe rate, the total one time cost would be approximately $25,000.

It will take one FTE's worth of time to implement this program on an annual basis. At a rate of $22 per hour for 2080 hours, plus a 39% fringe rate and $4000 allotted for supplies and travel, the total cost would be approximately $68,000. This time will be absorbed into the current staffing levels.

Fiscal Estimate for Local Government:

Local governments have the option for applying for a portion of the $1 million available for this grant program. There will be a match required that must be paid during the grant period by either the local governmental unit or a cooperating non-profit organization. The match level depends upon the grant request, and is 20% for grants up to $50,000, 35% for grants greater than $50,000 and below $100,000, and 50% for grants above $100,000. A grant award cannot exceed $200,000. Without this grant, communities would be paying 100% of these costs.

Written comments on the emergency rule may be submitted to Mr. Michael Prager, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than October 11, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [RR-38-02 (E)] may be obtained from Mr. Prager.

Notice of Hearing

Natural Resources
(Environmental Protection-General)
[CR 02-114]

NOTICE IS HEREBY GIVEN that pursuant to s. 292.65, Stats., interpreting s. 292.65, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of ch. NR 169, Wis. Adm. Code, relating to the reimbursement of response action costs for response actions taken at eligible dry cleaning facilities. Chapter NR 169 outlines the procedures for owners and operators of dry cleaning facilities to obtain cost reimbursement for cleanups conducted under the NR 700 rule series. This rule identifies eligible applicants and eligibility requirements for owners and operators taking immediate action, interim actions, site investigations and remedial actions. For eligible applicants taking immediate actions, the applications for reimbursement will be processed in the order in which they are received. The Department does not anticipate a shortage of funding for immediate response action costs. In addition, the procedures for reimbursement are streamlined because of the limited actions that would qualify under this response action phase.

For eligible applicants seeking reimbursement for interim actions, site investigations and remedial actions, the rule specifies requirements for eligible actions (including bidding requirements) as well as procedures applicants must follow to obtain reimbursement. We anticipate that within this biennium, the funds available for reimbursements to dry cleaners will not be able to meet demand. The rule establishes the allocation of funds based on the environmental priority of the site (25% for high priority, 60% for medium priority and 15% for low priority sites). Reimbursements are made within those categories based on the order in which applications are received. In addition, the rule reiterates the statutory requirements for maximum award limits and deductibles which the owners or operators of the facility must pay. In addition, the rule reiterates statutory requirements for pollution prevention and licensing requirements for dry cleaning facilities. The rule also contains cost-control measures as part of the bidding requirements for consultants conducting the response actions at dry cleaner sites.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department anticipates that this rule will provide economic relief to small dry cleaning businesses because eligible costs that they now would incur cleaning up environmental contamination may be eligible for reimbursement from this fund when moneys are available.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, October 22, 2002 at 9:00 a.m.

Video conference participation will be available at:

Room 332, Pyle Center, 702 Langdon Street, Madison

Room 139, State Office Building, 718 W. Clairemont Ave., Eau Claire

Room 1, DNR Regional Headquarters, 107 Sutliff Avenue, Rhinelander

Room 98, State Office Building, 819 N. 6th Street, Milwaukee

Room 618, State Office Building, 200 N. Jefferson Street, Green Bay

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robin Schmidt at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed rule changes will have no fiscal effect.

Written comments on the proposed rule may be submitted to Ms. Robin Schmidt, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than November 1, 2002. Comments may also be faxed to Ms. Schmidt at [phone]. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR-41-02] and fiscal estimate may be obtained from Ms. Schmidt.